+ All Categories
Home > Documents > Protection and administration of NILGIRI (Orthodox…S(sy1as52aylkcr0rvieqmzy45))/pdf/Nilgiri... ·...

Protection and administration of NILGIRI (Orthodox…S(sy1as52aylkcr0rvieqmzy45))/pdf/Nilgiri... ·...

Date post: 07-Oct-2018
Category:
Upload: leque
View: 222 times
Download: 0 times
Share this document with a friend
22
1 Protection and administration of NILGIRI (Orthodox) tea in India The procedure is as follows: 1. Application in Form-I 2. Signing of appropriate License Agreement (2 copies) attached as Schedule IV on plain paper, signature on all pages by the authorized signatory of the applicant company with official company seal on the last page. This is to be sent to Tea Board by post. The License Agreement is for use of the NILGIRI (Orthodox) Word and/or logo marks. 3. Payment of Use Fees as per Schedule V 4. Issuance of User License Number to applicant (signed photocopy of agreement will be sent to the applicant at this stage). This User License Number is to be carried on all packs along with the statement “NILGIRI (Orthodox) Word and NILGIRI (Orthodox) Logo – protected intellectual property of Tea Board, India used under license”. This statement can be put on side panel of packs. 5. Filing of Annual Report in the form given under Schedule VI on quantities sold under the NILGIRI (Orthodox) word/ Logo (for renewal of permission).
Transcript

1

Protection and administration of NILGIRI (Orthodox) tea in India

The procedure is as follows:

1. Application in Form-I

2. Signing of appropriate License Agreement (2 copies) attached as Schedule IV onplain paper, signature on all pages by the authorized signatory of the applicantcompany with official company seal on the last page. This is to be sent to TeaBoard by post. The License Agreement is for use of the NILGIRI (Orthodox) Wordand/or logo marks.

3. Payment of Use Fees as per Schedule V

4. Issuance of User License Number to applicant (signed photocopy of agreementwill be sent to the applicant at this stage). This User License Number is to becarried on all packs along with the statement “NILGIRI (Orthodox) Word andNILGIRI (Orthodox) Logo – protected intellectual property of Tea Board, Indiaused under license”. This statement can be put on side panel of packs.

5. Filing of Annual Report in the form given under Schedule VI on quantities soldunder the NILGIRI (Orthodox) word/ Logo (for renewal of permission).

2

Form 1

On the Letterhead of Applicant

I/We* wish to execute the License Agreement with the Tea Board of India for use ofthe NILGIRI (Orthodox) Word under application no. ___________ and/or NILGIRI(Orthodox) Logo under application no. __________________ and enclose an A/Cpayee demand draft for Rs. [ ] payable to the Tea Board of India towards paymentof the annual License Fee.

I/We* agree to abide by the attached Regulations as well as the terms of the LicenseAgreement in relation to my/our* use of the Certification Mark/s.

1. Name of applicant in block letters (specify whether company, partnership,individual, etc):

2. Description of applicant (please circle those which are applicable): Packer/Blender/ Importer / Bulk Supplier or Wholesaler / Auctioneer/ Owner of RetailStore / Tea Boutique / Producer/Manufacturer/BLF / Others: (please specify)________________________

3. Descriptions of the product where the logo would be applied (please circlethose which are applicable): Packet/Tea Bags/ Bulk packages/ Others:

(Please specify) ________________________

4. Complete Postal Address including Telephone number, Fax & Email:

5. Full Detail of places from where the Tea can be lifted for quality assessment:

I hereby declare that the aforesaid information is true and correct to the best ofmy/our knowledge and belief.

Place:Date:

____________________________(Authorized Signatory of theApplicant or the Applicant)

3

Verification:

* Checked and verified the above information and recommended the applicant forgetting License for use of the NILGIRI (Orthodox) Tea Logo and/or word mark. Thismay be done either by Tea Association, TTAC, CTTA, UPASI, NPA, FAITA, SITEAetc Registered Buyer/Seller/Broker/Manufacturer/Importer/Exporter registered withTea Board of India.

Place:

Date:

(Authorized Signatories of Tea Trader’sAssociation, TTAC, CTTA, SITEA,RegisteredBuyer/Seller/Broker/Manufacturer/Importer/or Exporter

*(Authorized Signatories of such Tea Association, TTAC, CTTA, RegisteredBuyer/Seller/Broker/Manufacturer/Importer or Exporter may sign. Beforerecommending please ensure the authenticity of the applicant.)

*strike out whichever is not applicable.

4

INTRODUCTION TO THE CERTIFICATION MARK LICENSE PROGRAM

A. The Tea Board of IndiaAll teas produced in the tea growing areas of India are administered by theTea Board, India ("the Board") under the Tea Act, 1953 (hereinafter,called theTea Act).

The Board was established by the Indian Government in 1953 for the purposeof controlling the Indian tea industry. The constitution of the Board is diverseand its members represent the Indian Parliament, owners of tea estates,growers of tea, the Governments of the principal tea growing states of India,employees of tea estates, exporters of tea, internal traders of tea, teamanufacturers and tea consumers.

The objects of the Board are, inter alia, to regulate the production andcultivation of tea in India, to encourage research, to regulate the sale andexport of tea, to provide training in tea testing and fixing grade standards oftea, and improving the marketing of tea in India and abroad. The Board has anumber of statutory duties and functions under the Tea Act and its variousenabling Orders which govern production, quality assurance marketing andexport of teas.

The Board is not involved in the manufacture or trade of tea and is run on anon-profit making basis.

B. Orthodox Tea from the District of NILGIRI, IndiaThe Nilgiri District is located in the state of Tamil Nadu in southern India. It issituated at an elevation of 1000 to 2636 meters above the mean sea level andreceives an average rainfall of 1100 mm to 1900 mms. Currently, there are 41tea estates located within the Nilgiri District cultivating, growing orproducing NILGIRI (Orthodox) tea. These tea estates fall within the fourTaluks of Nilgiri District viz., Coonoor, Kundah, Udhagamandalam andKotagiri. All tea estates are situated at elevations above 1500 meters on steepslopes which provide ideal natural drainage for the generous rainfall theDistrict receives.

5

NILGIRI (Orthodox) tea is delicately fragrant, exquisitely aromatic withhigh tones of delicate floral notes and has golden yellow liquor which iscrisply brisk and bright with lingering notes of dusk flowers with anundercurrent of briskness and creamy mouth feel. The rare flavour ofNILGIRI (Orthodox) tea is a result of combination of plant genes, soilchemistry, elevations, mean temperature and rainfall and relative humidityunique to the Nilgiri District. Climatic conditions in the Nilgiri District arecharacterized by cold, dry and misty weather during most part of the year.These conditions are known to accentuate the production of desirable volatiles(flavoury Compounds) responsible for the aroma of NILGIRI (Orthodox) tea.Very fine plucking and proper manufacturing conditions also attribute to thehigh level of flavour. NILGIRI (Orthodox) tea is known for its antioxidantproperties and is rich in essential quality constituents and possesses highcontent of protein, amino acids and carotinoid. For these specialcharacteristics, NILGIRI (Orthodox) tea enjoys public recognition andpatronage worldwide.

Ever since its establishment, the Board has had sole control over the growing,selling and exporting of NILGIRI (Orthodox) tea. It is that control which hasgiven rise to the reputation enjoyed by NILGIRI (Orthodox) tea.

C. Regulations and the Licensing ProgramIn order to ensure that the reputation of NILGIRI (Orthodox) tea ismaintained, all dealers of NILGIRI (Orthodox) tea, whether they areproducers, exporters or sellers, are required to register with the Board. TheBoard adopts an inclusive approach in registering dealers of NILGIRI(Orthodox) tea.

Additionally, in an endeavour to promote the NILGIRI (Orthodox) tea as aorigin tea, the Board had created the NILGIRI (Orthodox) logo (variant of theNILGIRI logo administered by the Board since the mid-eighties). NILGIRI(Orthodox) word and logo (the Certification Marks) can only be applied tosuch tea as has been certified by the Board as conforming to the standards andcharacteristics laid down in this regard. The Board had obtained registrationof the NILGIRI (Orthodox) word and logo as Geographical Indications underthe Geographical Indications of Goods (Registration and Protection) Act, 1999.on 19th Nov, 2007.

6

The Regulations governing use of the Certification Marks ensures thatintegrity of NILGIRI (Orthodox) tea is maintained and affords the Board thenecessary information and control over the NILGIRI (Orthodox) tea industryto ensure that tea sold worldwide as NILGIRI (Orthodox) tea meets thecriteria set forth by the Board.

Further, the Board has put in place a licensing program which ensures that (a)tea sold as NILGIRI (Orthodox) tea is genuine and (b) all sellers of genuineNILGIRI (Orthodox) tea are duly licensed. All licenses to use the CertificationMarks incorporate the Regulations by reference and a license to use theCertification Marks will be granted without discrimination to anyone whoapplies, provided the tea meets the required criteria. This is in the interest ofboth the tea trade and the tea consumer.

REGULATIONS GOVERNING USE OF THE CERTIFICATION MARKS

NILGIRI (Orthodox) (logo)

Indian Application No. 2332495 dated 16.5.2012

&

NILGIRI (Orthodox) (word)

Indian Application No. 2332496 dated 16.5.2012

In respect of Tea in India

1. GENERAL DEFINITION

7

For the purpose of these Regulations, unless the context otherwise requires,the following definition shall apply:

(a) “Proprietor” means Tea Board of India, 14 Biplabi Trailokya MaharajSarani (Brabourne Road), P O Box No 2172, Calcutta 700001, India;

(b) "Certification Marks" means the certification marks NILGIRI(Orthodox) (word) under application no. 2332496 and NILGIRI(Orthodox) (Logo) under application no. 2332495 depicted in Schedule Ihereto;

(c) "Person" shall include any company or association or body ofindividuals, whether incorporated or not;

(d) "License" means a license issued by the Proprietor in accordance withthese Regulations;

(e) "Authorized User" means any person with a subsisting License fromthe Proprietor to use the Certification Marks;

(f) “User License Number” means the number issued to the AuthorizedUser on issuance of a License.

(g) "Packet tea" means tea packed in unit packs or containers of the typeswhich are ordinarily put up for the purposes of retail sale under theCertification Mark/s.

(h) “Register” means the Register of Authorized Users of the CertificationMark/s maintained by the Proprietor.

2. DEFINITION OF “NILGIRI (ORTHODOX) TEA”

NILGIRI (Orthodox) tea is tea that:

(a) is cultivated, grown or produced in one of the tea estates listed in thegeographic area listed in the attached Schedule II and which have been

8

registered with the Proprietor in accordance with the provisions of the(Indian) Tea Act, 1953 or any relevant law which may replace this Act;

(b) has been cultivated, grown or produced in one of the tea estates listedin Schedule III (which may be amended from time to time by theProprietor);

(c) has been processed and manufactured in a factory located in thegeographic area listed in the attached Schedule II;

(d) is delicately fragrant, exquisitely aromatic with high tones of delicatefloral notes and has golden yellow liquor which is crisply brisk andbright with lingering notes of dusk flowers with an undercurrent ofbriskness and creamy mouth feel, typical of tea cultivated, grown andproduced in the geographic area listed in the attached Schedule II; and

(e) when tested by expert tea tasters on behalf of the Proprietor, isdetermined to have the of taste, aroma and mouth feel of thecharacteristics described in (d) above.

3. OWNERSHIP OF CERTIFICATION MARKS

The Certification Marks are the absolute property of the Proprietor and shallnot be used by any person except an Authorized User. The power of issuingand terminating a license is vested with the Proprietor. The decision to issueand/or cancel a license is dependent solely on the Authorized User’scontinued conformity with the criteria set forth herein.

4. USE OF THE CERTIFICATION MARKS

4.1. In order to ensure that the Certification Marks are only used by an AuthorizedUser pursuant to the standards set forth in this section, all Authorized Userswill be required to execute a License attached as Schedule IV governing theiruse of the Certification Marks. In consideration of the rights of Licensed useof the Certification Marks granted to the Authorized Users, the Proprietorshall charge Authorized Users License fee in terms of schedule attached asSchedule V. Every applicant for a License to use the Certification Marksundertakes that the tea in respect whereof the Certification Marks will be usedconforms to these Regulations and the terms of the License.

9

4.2 The Certification Marks shall be applied to or used only in relation to such teathat satisfies the characteristics of NILGIRI (Orthodox) tea as set forth inSection 2 of these Regulations. Specifically, except as set forth in Sections 5.3and 5.4 below, the Certification Marks, whether used in conjunction orisolation, shall always be used to certify that 100% of the tea is derived from asingle tea estate listed in Schedule III.

4.3 The Certification Marks may be used in relation to a blend of NILGIRI(Orthodox) tea drawn from more than one tea estate listed in Schedule III onlyif each tea constituting the blend is derived from the tea estates listed inSchedule III. In such case, the packaging for the tea must clearly indicate thatthe tea is a blend of NILGIRI (Orthodox) tea with prominent use of the term“blend” or the term “blended.”

4.4 The Certification Marks shall not be used in relation to a mixture of NILGIRI(Orthodox) tea with teas of origin other than that originating from thegeographic area listed in Schedule II. If NILGIRI (Orthodox) tea is one of thecomponents of a tea mixture that includes some portion of tea that does notconform to the characteristics defined in Section 2, the tea mixture must not benamed or referred to as “NILGIRI (Orthodox) tea” and the word “NILGIRI(Orthodox)” may only be used and must be used on the packaging toaccurately set forth the proportion of NILGIRI (Orthodox) tea in the teamixture (e.g., in a list of ingredients). In such cases, the term “NILGIRI(Orthodox)” must appear in a font, design and size that does not misrepresentto the consumer the content and origin of the mixture.

4.5 The Certification Marks shall be applied to packaging for NILGIRI (Orthodox)tea so that they are clearly visible to the purchasers / consumers. Allrepresentations of the Certification Marks shall be accompanied by anindication that they are certification marks of the Proprietor. Subject to theseRegulations, the Authorized User shall decide the way in which theCertification Marks may be represented including specifications as to thecolour, size and lettering of the Certification Marks (with the exception of theNILGIRI (Orthodox) Logo, which must appear as presented in Schedule I

10

hereto) and what matter of any description may be used in close associationwith the Certification Mark and in what relationship, except that theCertification Marks must appear in a different size or font than the AuthorizedUser’s trademarks and company name. In the event of any representation ofthe Certification Mark being considered unsuitable by the Proprietor, theAuthorized User shall terminate such use.

4.6.1 Authorized User shall not use or seek to register the Certification Marks as atrademark, or as part of a trademark or trade name, for the goods or servicesof the Authorized User.

4.6.2 Authorised User shall stop using the Certification Marks in the event of itbeing not renewed by the user or it is terminated by the Proprietor.

5. HOW THE SCHEME WILL BE POLICED / MONITORED

5.1 In order to ensure the integrity of the supply chain of NILGIRI (Orthodox) teaand so that the Proprietor may monitor the quantity of NILGIRI (Orthodox)tea exported out of and sold in India, and for the purpose of ensuring that teaother than tea described in Section 2 of these Regulations is not being sold asNILGIRI (Orthodox) tea, for each calendar year, all Authorized Users shallsubmit to the Proprietor an annual report of purchases, sales and inventory ofNILGIRI (Orthodox) tea, in the form of Schedule VI (the “Annual Report”).The Annual Report for each calendar year shall be due to the Proprietorimmediately on the expiration thereof.

5.2 So that the Proprietor may monitor the legitimacy and quality of NILGIRI(Orthodox) tea exported out of and sold in India, at the Proprietor’s request,Authorized User shall submit to Proprietor a sample of tea sold and/orpackaging used by him/her. Authorized User shall submit any samplerequested pursuant to this paragraph to the Proprietor within two (2) weeks ofreceipt of such request from the Proprietor.

5.3 So that Proprietor may monitor the legitimacy and quality of NILGIRI(Orthodox) tea exported out of and sold in India, Proprietor shall be entitledto inspect, prior to and after the grant of a license, during business hours andwith reasonable notice to applicant/Authorized User, any premises where

11

NILGIRI (Orthodox) tea is being processed, manufactured, packed or stored,for the purpose of ensuring that the standards laid down by the Proprietor arebeing adhered to and complied with. Any License will be conditional on theProprietor being so satisfied.

5.4 The Proprietor shall have the right to issue Guidelines/Circulars from timeto time effective for administration of the Certification Marks and suchGuidelines/Circulars shall be binding on the Users.

6. MAINTENANCE OF A REGISTER OF AUTHORIZED USERS

6.1 The Proprietor shall keep at its office an electronic Register wherein shall beentered the name, address and trade description of each Authorized User, thedate of his registration, particulars concerning the cancellation of any previousLicense, and such other particulars as may from time to time be prescribed ordeemed necessary by the Proprietor.

6.2 The Register will be available for inspection at Director of Tea Promotion, TeaBoard, 5th Floor, 14, B.T.M. Sarani (Brabourne Road), P O Box No 2172,Kolkata 700 001, India. Any person wishing to inspect the Register shall givereasonable notice to the appropriate office of the Proprietor where suchinspection is to take place.

7. BREACH OF LICENSE regime

7.1 These Regulations are incorporated into all licenses by reference. TheProprietor and/or Authorized User may terminate a License without prejudiceto his other remedies forthwith by notice in writing to the other if the otherparty commits a breach of the License; provided that if the breach is capable ofremedy the notice shall only be given if the party in breach shall not haveremedied the same within one month of having been given notice in writingspecifying the breach and requiring it to be remedied.

7.2 If an Authorized User uses the Certification Marks in an unauthorized,misleading or deceptive manner, or in any manner that defames or causesdisrepute to NILGIRI (Orthodox) tea, or if the Authorized User is convicted ofany offense leading to the discredit of his reputation or good faith as a trader,or is adjudicated bankrupt, or goes into liquidation (other than voluntary

12

liquidation for the purpose of amalgamation or reconstruction), or has areceiver appointed over his assets, the Proprietor may terminate the License.

7.3 If the Proprietor terminates a License pursuant to the provisions of the Licenseand these Regulations, the former Authorized User shall not use theCertification Marks for any purpose. This provision survives termination of aLicense by the Proprietor.

8. PROCEDURE FOR RESOLVING DISPUTES

In the event of the issue of a License being refused or a License beingterminated by the Proprietor, the person concerned shall, within the period ofsixty days immediately succeeding the date of such refusal or termination,have the right to appeal against such refusal or cancellation to the Registrar ofTrade Marks, India, provided that he at the same time gives notice of suchappeal to the Proprietor. The decision of the Registrar of Trade Marks on suchappeal (after submission to it of such written and/or oral representations asthe parties decide to make or as it shall require) shall be final and binding onthe Proprietor and the person concerned.

9. NOTICES

Any notice given by the Proprietor to an Authorized User pursuant to theAuthorized User’s license shall be deemed to have been duly given ifforwarded through the post by prepaid letter addressed to the AuthorizedUser set forth in its license. Any notice given by an Authorized User to theProprietor shall be deemed to have been duly given if forwarded through thepost by prepaid letter addressed to the Proprietor at Director of TeaPromotion, Tea Board, 5th Floor, 14, B.T.M. Sarani (Brabourne Road), PO Box2172, Kolkata 700 001, India.

10. POWER TO AMEND

Subject to the consent of the Registrar of Trade Marks, the Proprietor may alterthese Regulations in accordance with the provisions of the Trade Marks Act,1999 or any other law for the time being in force in India

13

11. DELEGATION OF POWERS

The Proprietor may authorize such persons as deemed appropriate by it tomake tests and inspections in pursuance of paragraph 5.3 of these Regulationson its behalf. Such persons may include, for example, expert tea tasters, publicanalysts or such other persons or bodies deemed competent under therelevant food laws and regulations in force in India from time to time. TheProprietor may require that an authorized user obtain a certificate from such aperson in order to be entitled to use the Certification Marks. For the purposeonly of making tests and inspections, the Proprietor may from time to timedelegate its powers to a Management Committee duly appointed by aResolution of the Proprietor, and/or its Board who may be appointed andselected to represent the Proprietor, subject always to such conditions as theProprietor may from time to time impose. Further, the proprietor mayauthorize by way of resolution, office order or circular any person servingunder it to sign any agreement for effective administration of theCertification Marks.

14

SCHEDULE I

NILGIRI (Orthodox)

Indian application No. 2332496

and

NILGIRI (Orthodox) (logo)

Indian application No. 2332495

In respect of Tea in class 30 in India

15

SCHEDULE II – GEOGRAPHIC AREA

The following areas within the District of Nilgiri in the State of Tamil Nadu,India;

(i) hilly areas of Kotagiri Taluk,(ii) hilly areas of Kundha Taluk,(iii) hilly areas of Coonoor Taluk,(iv) hilly areas of Udhagamandalam Taluk

16

SCHEDULE III – LIST OF TEA ESTATES

S. No. Name of Tea Estate1 Alladavalley2 Chamraj3 Korakundah4 Colacumbai

T.F.5 Glendale6 Coonoor Tea Estate7 Parkside8 Burnside Estate9 Edaseryterramia

T.E.10 Craigmore Estate11 Curzon Estate12 Devashola Estate13 Dunsandle14 Erinkade Estate15 Glenmorgan Estate16 Havukal Estate17 Kairbetta Estate

18 Katary Estate

19 Kil-Kotagiri Estate

20 Kodanad Estate

21 Kotada Estate

22 Welbeck Estate

23 Mailoor Estate24 Nonsuch Estate25 IBEX Lodge Tea Factory26 Thiashola Estate27 Tuttapullam Estate28 Tiger Hill29 Woodlands Estate

30 Guernsey T.F.31 Pandian32 Paramas Tea Industry33 Quinshola ETF34 Sutton Estate35 Palmyrah Estate36 Manar Estate37 Deepdale Estate38 Crofton Estate39 Warwick Estate40 Bengorm “B” Estate41 Kamalin Estate42 Moutere Estate43 Adderley Estate44 Billimalai Estate45 Bengorm Tea Estate46 Corsley Estate47 Somerdale48 Terramia49 Singara Estate50 Farm Tea Estate51 Swamy & Swamy

Plantations (Pvt) Ltd.

17

SCHEDULE IVCERTIFICATION MARKS LICENSE AGREEMENT

User License Number:

This License, effective as of the date of full execution, is by and between TeaBoard, India, a statutory body created by authority of the Government of India,B.T.M. Sarani (Brabourne Road), PO Box No 2172, Kolkata, India (“Licensor”), onthe one hand, and ___________________________ (name) doing business at__________________________________________ (“Authorized User”), on theother hand.

WHEREAS the Licensor has applied for registration of the Certification Marks"NILGIRI (Orthodox) logo”, Indian Application no. _________ and “NILGIRI(Orthodox) (word)” Indian Application no. ____________ in class 30 in respect oftea and any reference to ‘Regulations’ in this License is a reference to theRegulations governing the use of these Certification Marks;

WHEREAS the Authorized User has applied to the Licensor for a Licenseentitling Authorized User to use the Certification Marks subject to AuthorizedUser’s compliance with the said Regulations or any modification thereof, and theterms hereof;

NOW THIS AGREEMENT WITNESSETH that in consideration of the termsand conditions hereinafter contained, the Licensor hereby agrees to permitAuthorized User to use the Certification Marks in respect of NILGIRI (Orthodox)tea which meets the criteria set out in paragraph 2 of the Regulations.

1. INCORPORATION OF THE REGULATIONSThe Regulations, including all definitions set forth therein, are herebyincorporated by reference. By execution of this License, Authorized Useragrees to abide by the terms of the Regulations and the terms of theRegulations shall be deemed terms of this License.

18

2. OBLIGATIONS AND ACKNOWLEDGEMENT OF AUTHORIZEDUSER2.1 Authorized User shall display its User License Number on all packets and

packaging materials containing NILGIRI (Orthodox) tea.

2.2 Authorized User undertakes and guarantees that the use of theCertification Marks shall be subject to the requirements set forth by theProprietor in the Regulations and/or Guidelines/Circulars issued fromtime to time.

2.3 Authorized User shall not use the Certification Marks in a manner whichis deceptive or which can bring them into disrepute.

2.4 Authorized User will refrain from using or registering the CertificationMarks as trademarks or as part of trademarks or trade names.

2.5 Authorized User undertakes that it will not claim or cause, permit suffer orassist others to claim any interest in the Certification Marks

2.6 Authorized User acknowledges that any and all rights created by the useof the Certification Marks are the sole properties of the Proprietor.

2.7 Authorised User shall not use the Certification Marks aftertermination/non renewal of this agreement.

3. LICENSE FEEAuthorized User agrees to pay to the Licensor License Fee as indicated inSchedule V to these Regulations.

4. DURATIONThis Agreement shall come into force from the date hereof and shallcontinue to remain in force as long as Authorized User acts inconformance with the terms of this License.

5. BREACH

19

Authorized User shall be responsible for the consequences of any breachof this Licence on his/her part, and shall be fully liable for any damagethat may result from such breach of this Licence.

6. TERMINATIONIn the event of the Licensor terminating the License pursuant to theRegulations, all items bearing or indicating the Certification Marks, andall blocks for making the same, shall forthwith be delivered to theLicensor for the purpose of being destroyed, or else satisfactory proof (inthe opinion of the Licensor) shall be given of this having been done. Afterthe termination, the Authorized User shall not sell or expose for sale, anygoods bearing the Certification Marks except those with the consent of theLicensor.

7. NOTIFICATION OF INFRINGING USERS / THIRD PARTYLAWSUITS

7.1 Authorized Users undertake to bring to the notice of the Proprietor allcases of wrongful use or infringement of the Certification Marks,registration or attempted registration of a trademark identical with orsimilar to the Certification Marks. In the event of the Proprietorundertaking any opposition to or any action to restrain or punish such actor acts, the Authorized User agrees to co-operate fully and freely with theProprietor and undertakes to do all such acts and things as the Proprietorshall reasonably require to assist the Proprietor in any legal proceedingsin respect of infringement or use or registration of the Certification Marksor any mark similar thereto.

7.2 If the Authorized User or any of its customers is sued as a direct result ofuse of the Certification Marks, the Authorized User, on being served uponit of any notice pertaining to any such claim, shall forthwith give theProprietor written notice thereof and of all particulars thereof and theProprietor shall have the right to participate in the defense of such suit byits own counsel and at its own expense.

8. MISCELLANEOUS PROVISIONS

20

8.1 If any term, paragraph or provision of this Agreement shall be held to beinvalid for any reason whatsoever, such invalidity shall not affect thevalidity or operation of any other term, paragraph or provision thereof,and such invalid term, paragraph or provision shall be deemed to havebeen deleted from this Agreement.

8.2 This License shall be governed by and construed in accordance with thelaws of India.

IN WITNESS WHEREOF, the parties have executed this Licence effectiveas of the last date set forth below:

The Tea Board of India

__________________________

Title: _________________________ Title: _____________________

Date: _________________________ Date: _____________________

21

SCHEDULE V: USE FEE

In INR. One time registration Rs.3000/-

Annual Renewal Fees - Rs.3000/-

The application cum registration fees shall be paid by the User to the

Proprietor at the time of sending the License Agreement and the renewal fees

shall be paid at the time of sending request for renewal of license agreement. In

case the applicant is not eligible for issuance of Licence Rs. 2000/- shall be

returned back to the applicant. Fees may also be paid in local currencies

equivalent to US Dollars. Exchange rate shall be calculated as per the prevailing

rate on the date of entering such license agreement. The Proprietor has the

power to revise the user fees upwards by giving six months' notice in writing to

the User, provided two years have elapsed following the effective date of the

license. The Proprietor will act fairly in determining the amount of use fees as it

is a non profit-making body. This renewal fees will be utilized in enforcing the

Logo Administration.

22

SCHEDULE VI – ANNUAL REPORT

ANNUAL TRANSACTIONS / INVENTORY OF NILGIRI (Orthodox) tea(on the User’s letterhead)

User License Number:Name:Address:Date:Dear Sir(s),

The following is my/our declaration relating to the sale and stock of NILGIRI(Orthodox) tea held by me/us over the period stated above.

Opening stock of NILGIRI (Orthodox) tea as on: 1st January ______ (year):________ kg.

Qty. of NILGIRI (Orthodox) tea purchased during the 12 month period: _________ kg.

S.No.

Supplier/source ofpurchase

Tea EstateMark

Invoicenumber

Grade Quantity No. ofpackages

Qty. of NILGIRI (Orthodox) tea sold during the 12 month period:______ kg. includingQty of NILGIRI (Orthodox) tea exported during the 12 month period_______________kgDestination of NILGIRI (Orthodox) tea sold1.2.3.Any other details :(Qty. sold under logo mark)(Qty. sold under word mark)Closing stock of NILGIRI (Orthodox) tea as on 31st December ______ (year) :________ kg.

I/we* hereby certify that the information given above is correct and that we havenot concealed any material facts. ___________________

Signature of User


Recommended